Defamation by RWA
I have an apartment in CGHS in Delhi.
I am currently living in another city due to family requirements where I have to also meet many other unforeseen expenses in daily life in addition to regular ones. I'm not active in Delhi property RWA and only try to make quarterly payments for society maintenance.
During COVID my father was hospitalized in COVID ICU and missed a maintenance payment. I wrote a handwritten letter to the RWA office holder requesting them to waive off Rs. 1000 for late payment explaining the reason. They were unfazed and denied.
Now the RWA has taken the decision to change elevators in all the buildings. They raised an amount of Rs. 20k per quarter (total Rs. 80k). I made the recent maintenance payment also on time of approx. 6k.
The RWA instead of calling me or my Father who is the owner of the apartment or sending SMS or letters, started shaming and defaming us by mentioning my fathers name and address in the same society's members Whatsapp Group. Even worse, they have directly or indirectly asked our neighbours to call my father and ask him to make payment.
This is ridiculous and embarrassing.
As far as I know even if they communicated to us through legal ways they still can't shame us as per law. We were about to make payments of the first instalment in 2 parts but I have kept it on hold and decided to file a case against them for defamation. They are just chosen representatives but are acting as government officials or judges.
The current RWA board member and sply the President of RWA have been making financial gains by holding private sales of various businesses inside society areas like sale of blankets, utensils, mattresses, sale of pizza through EAT SURE Brands food truck parked inside society several times and stalls for promotion of many many businesses. But they haven't shown these earnings in any of the society’s notice. Which shows to how much money minded these members are, whereas previous RWA board member did many of the societies repair and upgradation even during COVID, without raising any payment from residents over and above regular maintenance charges. They informed in a meeting and circular that they used interest from FDs of deposits of our society.
Please guide me if a defamation case can be filed in this case and how to proceed. I am seeking a public apology from all office bearers or person who mentioned name(s) in written letter head of the society/CGHS office. Also fine them financially is there is provision in our law.